New in the legislation on enforcement proceedings
The draft Laws specify the list of persons who can act as parties to enforcement proceedings.
State bodies and local executive and administrative bodies can act as parties to enforcement proceedings on behalf of the Republic of Belarus and administrative-territorial units. The following act as claimants in such proceedings:
- bodies conducting administrative proceedings and having issued a resolution on imposing an administrative penalty, except for the court, - for enforcement documents related to property claims in cases of administrative offenses;
- tax and customs authorities - for enforcement documents on the recovery of taxes, fees (duties) in accordance with their competence, as well as other mandatory payments to the republican and local budgets, for which they exercise control over the correctness of calculation, timeliness and completeness of payment;
- the Ministry of Finance of the Republic of Belarus, its territorial bodies, local financial bodies, financial bodies of district administrations - for other enforcement documents on the recovery of sums to the revenue of the state.
Thus, in addition to individuals and legal entities, state and local executive and administrative bodies will also act as parties to enforcement proceedings. Currently, this approach is partially implemented in Article 478 of the Civil Procedure Code.
The time limits in enforcement proceedings will be calculated in working days. The unified period for presenting court decisions or enforcement documents issued on their basis for enforcement is three years. Previously, for court orders and decisions of economic courts on court orders, this
the term was six months.The powers of the bailiff have been expanded. Thus, he can replace a party to enforcement proceedings who has withdrawn with its legal successor; issue orders for the compulsory appearance of a debtor who is an individual, including an individual entrepreneur, etc. In addition, he has the right to use the vehicle of the claimant or the debtor for the transportation of property seized from the debtor, with the costs of executing the enforcement document being charged to the debtor; to levy execution on the electronic money of the debtor, etc.
The changes will affect claimants under enforcement documents issued in accordance with civil procedural legislation. Now, to initiate enforcement proceedings, an application from the claimant and the original enforcement document are required.
An exception will be made for enforcement documents sent by the court concerning property claims in criminal cases and cases of administrative offenses.
Claimants are granted the right to independently send the enforcement document to the place known to them where the debtor citizen, including an individual entrepreneur, receives wages and equivalent income, for withholding.
Courts retain the authority to apply measures to ensure the execution of the enforcement document in the form of a temporary restriction of the debtor's rights to leave the Republic of Belarus, drive vehicles, and hunt.
A new interim measure is being introduced, which is also applied by courts - a temporary restriction on the debtor's visits to gambling establishments.
New approaches are being established for determining the value of seized property. In particular, specific cases are defined when property needs to be valued with the help of specialists (for example, in the case of selling an item whose value exceeds 50 base units). The issue of disagreement with the valuation results will be considered by appointing an expert examination of its reliability.
For the first time in enforcement proceedings, the term of validity of the property valuation is indicated - 12 months. After this period, an independent
the arrested property of the debtor shall be re-appraised.
Exceptional rules for the sale of arrested real estate, vehicles, other property of the debtor, including property rights, with a value exceeding 1000 basic units are also established. Thus, this property will be sold only at auction (electronic auction), unless otherwise established by the Council of Ministers of the Republic of Belarus.
The distribution of funds collected by the bailiff is possible both in a proportional manner (in the case of satisfying claims on enforcement documents for the recovery of alimony; expenses incurred by the state for the maintenance of children under state care; sums to compensate for damage caused to the life or health of a citizen), and in order of priority according to the category of recovery.
A. Sashcheko, N. Belova